Mollo Firm Logo
(732) 607-5710
(732) 607-5710

DWI Blood Tests

While  most DWI cases involve breath tests, defendants may also be charged with  drunken driving based on the result of blood tests.

As a  general rule, only a physician, registered nurse or a phlebotomist qualified by  the state can draw the blood for purposes of determining blood alcohol  concentration.  Additionally, there are  many requirements concerning the way these tests are to be taken and the manner  in which samples are to be transported, preserved, secured, and analyzed.

The method  used to determine blood alcohol concentration is called “gas chromatography.”  The equipment used is capable of isolating and  identifying a wide range of drugs, including alcohol.

An experienced DWI defense attorney  will demand supporting documents (called “discovery”) from the prosecutor,  including: all documents, records, materials or other items related to the  chain of custody of samples and/or other specimens taken from defendant; copies  of all maintenance repair records of the subject testing equipment; qualifications  of any individual(s) performing the analysis of defendant’s specimen; analytical  method used to perform all test of the specimen; raw data on all quality  control tests performed during the subject analysis; any records related to quality  control tests related to the subject laboratory for the six-month period prior  to the analysis of defendant’s specimen; raw data of the analytical tests  performed on the specimen (lab worksheet); work list for all other samples  analyzed at or around the time defendant’s sample was analyzed, including  description of specimens, refrigerator log, including records of temperature,  other items stored and any person entering refrigerator during the time  defendant’s specimen was stored therein; and operating manual for all  instruments utilized to test the subject sample(s).